“The Corporate Guide: Protecting Emails from Production” from Faegre Drinker Biddle & Reath provides great guidance to companies on how to minimize the likelihood that directors’ and officers’ emails or other electronic communications will be required to be produced in response to a DGCL Section 220 books and records demand.
We previously noted some of the do’s and don’ts in conjunction with recent corporate records cases (see, e.g., here re: KT4 Partners LLC v. Palantir Technologies Inc. and here re: In re WeWork Litigation), which supports the firm’s guidance.
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This post first appeared in the weekly Society Alert!